- HanseMerkur offers the insured person insurance coverage when traveling abroad in the event that a third party claims damages for consequences due to a loss/damaging event (insured event) which occurred during the validity of the insurance coverage and which resulted in personal injury, property damage or consequential pecuniary loss on the basis of statutory liability provisions under private law.
The damage event is the event as a result of which the damage to the third party has arisen directly. It does not depend on the time of the occurrence of the damage or the knowledge of the third party of the occurrence of the damage.
- Non-insured risks
Unless otherwise agreed, there is no insurance coverage:
- for claims - even if they are legal claims -
- for the fulfillment of contracts, supplementary performance, self-help, withdrawal, reduction, for compensation for damages instead of performance;
- for damages caused in order to be able to carry out the supplementary performance;
- due to the loss of use of the subject matter of the contract or due to the lack of success owed with the contractual service;
- for the reimbursement of expenses incurred in vain relying on the proper fulfillment of the contract;
- compensation for financial loss due to delay in performance;
- for other compensatory damages in lieu of performance;
- for compensation which at the same time has a punitive interpretation (punitive damages);
- for liability claims which go beyond the scope of statutory claims;
- for liability claims arising from participation in the following sporting events or from participation in the preparation (training) of such events
- racing (horse, bicycle, motor vehicle racing);
- boxing/wrestling fights;
- martial arts (e.g. judo, karate);
- for liability claims due to damage to third-party property which the insured person has rented, leased, borrowed or obtained through unlawful interference.
Insofar as this has been explicitly agreed, however, liability claims against the insured person as the user of rooms in buildings temporarily rented for private purposes for accommodation on trips are included (e.g. hotel and bed and breakfast rooms, holiday homes, bungalows) as well as the apartment/house of the host family. Liability claims due to the following are excluded:
- damage to movable objects such as pictures, furniture, television sets, crockery, etc.,
- damage due to wear, tear and excessive strain,
- damage to heating, machine, boiler and water heating systems as well as to electrical and gas appliances,
- the recourse claims covered by the waiver of recourse under the Fire Insurers' Agreement in the event of general loss events.
- for liability claims due to damage to third-party property caused by a commercial or professional activity of the insured person on or with such property (e.g. handling/treatment, repair, transport, inspection, etc.); in the case of damage to third-party immovable property/objects, this exclusion only applies to the extent that such property or parts thereof have been directly related to the activity.
If the conditions of the above exclusions are met in the person of employees, laborers, servants, authorised representatives or agents of the policyholder or the insured person, the insurance coverage shall be cancelled, both for the policyholder and for any persons co-insured through the insurance contract;
- for liability claims arising from damage to the work or items produced or supplied by the insured person (or by third parties on his/her behalf or on his account) as a result of a cause inherent in the production or supply;
- for liability claims for damage directly or indirectly related to high-energy ionising radiation (e.g. alpha, beta and gamma radiation emitted by radioactive substances and neutrons or radiation produced in particle accelerators) and to laser or maser beams;
- for liability claims due to damage to soil, air or water (including bodies of water) caused by environmental influences and all further damage resulting therefrom;
- for liability claims
- from claims of relatives of the insured person living with him or her in domestic community. Relatives include the following: spouses; parents and children; adoptive parents and children; parents and children-in-law; step-parents and children; grandparents and grandchildren; siblings; and foster parents and children (persons connected through a long-term, family-like relationship as parents and children),
- between several insured persons of the same insurance contract,
- by legal representatives of persons incapable of acting in law or persons with limited legal capacity,
- of partners with unlimited personal liability who are not legally capable trading companies,
- by legal representatives of legal persons/entities under private or public law as well as associations which are not legally competent,
- of liquidators.
The exclusions under b. - f. also extend to liability claims of relatives of the persons named there, if they live together in domestic community;
- for liability claims which are attributable to the fact that the policyholder or the insured person did not remedy particularly dangerous circumstances within a reasonable period, which the insurer could reasonably have demanded and did demand to be remedied. A circumstance which has led to damage is automatically deemed to be particularly threatening;
- for liability claims for personal injury resulting from the transmission of an illness of the insured person as well as property damage resulting from the illness of animals owned, held or sold by the insured person;
- for the liability of the owner, proprietor, keeper or driver of a motor vehicle, aircraft or watercraft (with the exception of the watercraft mentioned in § 11, 2, 4 a. and b.) for damage caused by the use of the vehicle.
Motor vehicles also include vehicles with motorised starting assistance or pedal support (e.g. pedelecs) as well as self-propelled working machines such as forklift trucks, etc.. Motorized/electric patient wheelchairs are not considered to be motor vehicles;
- for liability as owner, keeper or guardian of animals;
- for liability in connection with the pursuit of hunting;
- for liability arising from the performance of a service, office (also volunteer office) or activity in associations of all kinds;
- for the liability of the insured person arising from the rental, hiring out or the granting of the right to use property to third parties;
- for liability due to professional activities.
If the insured person exercises an activity as an au pair on the basis of a written contract, the travel liability insurance also includes their professional liability. Only liability claims arising from activities which the insured person is permitted to perform on the basis of his/her level of training shall be deemed to be insured. However, this insurance coverage shall only apply if claims are asserted against the insured person himself/herself and no other insurance coverage or insufficient insurance coverage exists for the insured person, e.g. as part of the private liability insurance coverage of the host family.
However, liability claims in the household of the host family due to damage to movable objects such as pictures, furniture, household objects, technical household appliances, crockery etc., are excluded.